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WOODS v. SCHNEIDER

No. 48,741

224 Kan. 535 (1978)

581 P.2d 390

WARREN WOODS, d/b/a HILL TOP CLUB, IRENE M. DERNOVISH, d/b/a SHAMROCK INN, WALLACE WILBANKS, d/b/a CURLEY'S LOUNGE, MARIE J. LAWSON, d/b/a DEW DROP INN, BRUCE D. BILLINGS, d/b/a ANCHOR INN, BERNARD A. KORPIERZ, d/b/a B & N POLISH PALACE, HARVEY FREDRICKS, d/b/a BROOKS TAVERN, BILL JOHNSON, d/b/a 32 WEST, VIRGIL LEE RODGERS, d/b/a VIRGINIA INN, 7TH SPIRIT INC., d/b/a 7TH SPIRIT, HARRY MOON, ROBERT E. ZIBELL, JR. d/b/a THE BALCONY, Appellants, v. CURT SCHNEIDER and THOMAS J. KENNEDY, Appellees.

Supreme Court of Kansas.

Opinion filed July 21, 1978.

Attorney(s) appearing for the Case

Phillip A. Miller, of McCaffree & Grimshaw, Chartered, of Olathe, argued the cause, and William Grimshaw, of the same firm, was with him on the brief for the appellants.

William Schutte, assistant attorney general, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellees.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the plaintiffs from an adverse judgment entered by the district court in a declaratory judgment action. The sole question is whether K.S.A. 1975 Supp. 41-2601(b)(3) violates the equal protection clause of the Fourteenth Amendment of the Constitution of the United States and § 1 of the Bill of Rights of the Constitution of Kansas.

Plaintiffs are holders of class B...

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